Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
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Assaf Jacob
It takes courage to characterize feminist writings on tort law as "thin." Indeed, Professor Schwartz in his provocative and challenging article examines feminist writings in a unique and innovative way. In his analysis of a number of such writings, he attempts to demonstrate that they either have not done enough or could have done better. His provocative analysis of many issues invites vigorous discussion. One could write a separate comment on each and every one of the issues he raises; however, I will limit my comment to two: the tension between the "reasonable man" and the "reasonable woman" standard and the (no) duty to rescue rule. It takes courage to characterize feminist writings on tort law as "thin." Indeed, Professor Schwartz in his provocative and challenging article examines feminist writings in a unique and innovative way. In his analysis of a number of such writings, he attempts to demonstrate that they either have not done enough or could have done better. His provocative analysis of many issues invites vigorous discussion. One could write a separate comment on each and every one of the issues he raises; however, I will limit my comment to two: the tension between the "reasonable man" and the "reasonable woman" standard and the (no) duty to rescue rule.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
Articles in the same Issue
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
